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1977-04-1266 MINUTES OF THE COUNCIL MEETING OF APRIL 12, 1977 at 7:30 P.M. AT THE MOUND COUNCIL CHAMBERS Present were: Mayor Tim Lovaasen, Councilmen Gordon Swenson, Robert Polston, Orval Fenstad and Ben Withhart; City Attorney Curtis Pearson, City Manager Leonard L. Kopp and, Engineer Lyle Swanson. MINUTES The minutes of the Meeting of March 8, 1977 were presented. Polston moved and Swenson seconded a motion to accept the minutes of the meeting. of March 8, 1977 as presented. The vote was unanimously in favor, so carried a.nd accepted. The minutes of the meeting of March 11, 1977 were presented. Fenstad moved and Swenson seconded a motion to accept the minutes of the meeting of March 11, 1977 as presented. The vote was unanimously in favor, so carried and accepted. The minutes of the meeting of March 15, 1977 were presented. Fenstad moved and Swenson seconded a motion to accept the minutes of March 15, 1977 as presented. The vote was unanimously in favor, so carried and. accepted. The minutes of the meeting of March 22, 1977 were presented. Swenson moved. a.nd Polston seconded a motion. to accept the minutes of the meeting of March 22, 1977 as presented. The vote was unanimously i.n favor, so carried and accepted. The minutes of the meeting of March 29, 1977 were presented. Withhart moved and Polston seconded a motion to accept the minutes ~f the meeting of March 29, 1977 as presented. The vote was unanimously in favor, so carried and accepted. The minutes of the meeting of April 5, 1977 were presented.. Fenstad moved and Withhart seconded a motion to accept. the minutes of the meeting of April 5, 1977 as presented. The vote was unanimously in favor, so carried and accepted. PUBLIC HEARING ON THE ZONING ORDINANCE PROPOSED AMENDMENT This amendment was recommended by the Planning Commission and by the Building Inspector. Fenstad moved a.nd Withhart seconded a motion to ordain the following ordinance. ORDINANCE N0. 358 AN ORDINANCE Ar~NDING SECTION 23.32 OF THE CITY CODE, CHAidGING T~ SECTION TITLE AND ADDING SUBDIVISION (e) ESTABLISHING &~~AR YARD SETBACI:S The City of Mound does ordain: Section 23.32 of the City Code is amended to change the title of the section and to add subdivision. (e) which shall read as follows: Section 23.32. Side Yard and Rear Yard Requirements. (e ) In all use districts where no sj~ecific rear ,Vero requirements are established by this code, there shall be a rear yard of at least 15_feet. 67 The vote was unanimously in favor, so ordained PROSECUTING ATTORNEY Judge Reilly and Gary Pfleger were present as well as many citizens. After a lively discussion and the reading of the City Managers recommendation not to change the personnel for the position of the prosecuting attorney the matter rested with no action from the City Council. PARK COMMISSION MINUTES The Park Commission recommended the the request to do work on the Waurika Commons in front of Lots 3, 4 and 5, Block 2, Woodland Point be granted. Marge Peterson present. Withhart moved a.nd Fenstad seconded a motion RESOLUTION 77 - '149 RESOLUTION TO CONCUR WITH THE PARK COMMISSION AND ALLOW LANDSCAPING OF THE WAURIKA COMMONS IN FRONT OF LOTS 3, 4 and 5, BLOCK 2, WOODLAND POINT WITH THE STIPULATION THAT AFTER THE LANDSCAPING IS DONE THE AREA BE RESTORED USING GRASS, SOD, CHIPS ETC. The vote was unanimously in favor. ROANOKE ACCESS After considerable discussion the Park Commission,Committe on Roanoke Access report was', taken into parts A, C, D., and F for action; parts B and E. required no action. Part A Withhart moved and Polston seconded a motion RESOLUTION 77-150 RESOLUTION OPENING R.OAI~OKE~ACCE5~'F'OR' THE ABUT'EING PROPERTY OWNERS A1VD PROVIDING FOR ADDITIOl~ OF 7 DOCKS 'I'O $E SET ASIDE FOR IN- LAND RESIDENTS - -= The vote was unanimously in favor Part C Swenson moved and Polston seconded a motion RESOLUTION 77-151 RESOLUTION TO CONCUR WITH THE P.~iRK COM- MISSION AND THE STAIRWAY ON THE ACCESS BE REPAIRED AND A HAND RAIL BE INSTALLED FOR THIS BOATING SEASON The vote was unanimously in favor Part D Withhart moved and Fenstad seconded a motion RESOLUTION 77-152 RESOLUTION TO CONCUR WITH THE PARK COM- MISSION AND LIMIT THE DOCK PERMITS TO RESIDENTS IN THE AREA BOUNDED BY ABERDEEN ON THE NORTH, DEVON ON THE WEST AND THE LAKE ON THE EA5 T. The vote was unanimously in favor 68 Part F (This was not part of the Park Commission Recommendations) Withhart moved and Swenson seconded. a motion RESOLUTION 77 - 153 RESOLUTION RESTRICTING THE ISSUING OF DOCK PERMITS IN THIS AREA UNTIL THE COMMONS MARKING POSTS ARE INSTALLED; SUCH WORK TO BE STARTED IMMEDIATELY The vote was unanimously in favor PLANNING COMMISSION RECOMMENDATIONS Item 1 taken up and deferred until attorney could write the necessary resolution. Item 2 was also deferred. until the attorney had written the necessary resolution for Item 1 Item 3 Roy O' Donnell Lots 4, 5, 6, 26, 27 and 28, Block 5, Shadywood Point Request to refurbish a no.n-conforming use dwelling Mr. O Donnell was present. The matter of a recent fire at this dwelling was brought up for discussion. Polston moved and Swenson seconded a motion BE IT MOVED by the City Council that the extent of damage to the dwelling on Lots 4 - 6 and 26 - 28, Block 5, Shadywood Point be referred to the staff for i.nvestigat ion; if the damage is less than 50°~o no variance will be required. The vote was unanimously in favor. Item 4 Kenneth E. Hiller Lots 5 - 7, Block 14, Dreamwood. Request work on no.n-conforming use dwelling Mr Hitler was present Swenson moved and Withhart seconded a motion RESOLUTION 77-154 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION AND DENY REQUEST TO REFURBISH DWELLING ON Lots 5 - 7, Block 14, Dreamwood Roll Ca11 Vote Fenstad Nay Polston Nay Swenson Aye Withhart Aye Lovaasen Nay Resolution fails NOTE: Direct staff to outline a structural change. Lovaasen moved and Fenstad seconded a motion RESOLUTION 77-155 RESOLUTION TO ISSUE A BUILDING-'PERMIT TO INSULATE, BOARD UP INTERIOR WINDOWS AND INSTALL A FURNACE: NONE OF WHICH ARE STRUCTURAL CHANGES. The vote was Withhart and Swenson Nay and Fenstad, Polston a.nd Lovaasen voted Aye; so carried and granted. Item 5 Werner W. Weisser Lot 15, Block 3, Shadywood Pt. Request for addition to non-conforming dwelling u~. 1vlr We isser was present and cited the many encroachments on city property up and down Shorewood Lane. Lovaasen moved and Polston seconded a motion 69 RESOLUTION 77-156 RESOLUTION GRANTING VARIANCE FOR ADDITION TO NON-CONFORMING USE STRUCTURE WITH THE STIPULATION PROVIDING REMOVAL OF ENCROACH- MENT ON CITY PROPERTY WHEN THE ROAD IS UP- GRADED The vote was unanimously in favor Item 1 Oswin Pflug Lots 7-11 incl and parts of Lots 6, 14, 15, 16, 17, 18 including vacated alley, Block 1, Shirley Hills Unit A Request parking variance Mr Pflug was present. Swenson moved and Fenstad seconded a motion RESOLUTION 77-157 RESOLUTION NO. 77 - 157 A RESOLUTION GRANTING A SPECIAL USE PERMIT AND PARKING VARIANCE FOR A COMMERCIAL USE ON LOTS 7 - 11 Imo. -Part of 6, 14, 18 ?.n~.. Block 1 SHIR.LEY HILLS UNIT "A" WHEREAS, Lots 7 - 11,, Incl. Part of lots 6 and Lots 14 - 18 Incl. Block`1, Shirley Hills Unit A currently has a building located on the property and this Council has previously issued a Special Use Permit to operate a cabinet shop in said structure, and WHEREAS, the current owner desires to increase the size of the building to approximately 6, X70 square feet and under the provisions of Section 23. 30 Subd 1 Subsection (e) requires 3 sq. feet of ..,parking for each one square foot of, store floor area and this would. require 106 parking spaces, and WHEREAS, the owner of the property cpntends that his cabinet shop and proposed p1~.tter~ manufacturing and sales office do not require the Iarge number of parking spaces required by Section 23. 30 Subd 1 Subsection (e) and that he would like to build the building and provide a reasonable amount of .parking and open space and green area which will be more aesthestically attracted to the community, and WHEREAS, the City Council is concerned thact the property will be used for Commercial uses which require more parking than is proposed or is in effect able to be provided on the property and therefore the Council does not desire to grant a Special Use Permit and variance which pro- vides less than one-half the number of spaces required unless the owner agrees that all future uses will be sub- mitted to this Council for review and/or the owner will conform to all existing parking requirements then re- quired by the Zoning Ordinance. 70 NOW, THEREFORE. RE IT RESnI•VET~ BY THE CITY COUNCIL OF THE CITY OF MOUND: 1. The request to construct a building of approximately 6, 370 sq. feet is granted subject to th~ following con- dition s : (a) The owner will provide 47 parking spaces and a green landscaped area as set forth in Exhibit "A" attachdd hereto and made a part of this permit. (b) The uses permitted in the building shall be - office space, a cabinet shop and a patter. manufacturing and sales shop. Any and all other uses in this structure or any expansion of the existing uses shall require an amend- ment to this permit. (c) The owner must agree that any other uses proposed for this building will be brought before this Council for review of the park- ing requirements and if the use requires, in the City Council's opinion, more than 47 spaces, the owner shall then provide the required number of spaces. Tf the property cannot provide the parking deemed necessary the owner agrees that the use will not be per- mitted in the building. No parking areas on public streets shall be counted in meeting the requirement of the Zoning Ordinance (d) This Special Use Permit coYers the entire property and incorporates conditions exist- ing in curr,~nt outstanding Special Use Permits. (e) All changes in use are to be referred to the Planning .,Commission for recommendation and all Public Hearings required by theUrdin- ance shall be held. 2. None of the uses on this property shall have any outside storage or display areas. A 3' x 10' sign backed flush to the front of this building. 3. This Special Use Permit shall not become effective until the current owner has signed a copy of this resolution agreeing to~la bound by the conditions contained in para- graph 1 and 2 and -he further agrees to provide any new owner with a copy of this resolution and agrees to inform any new purchaser of the Special conditions which restrict the uses of this property. Agreed to by petitioner, Oswin Pflug 4851 Sho~eline ~lv~ Mound, Mn. 55364 ~ n ., Witne Witne s s dated dated - / 3 l dated - / ?7 Item 2 Richard Lien Same legal as Item 1 Special Use Permit Mr, Lien was present Fenstad moved and Swenson seconded a motion 71 RESOLUTION 77-158 RESOLUTION SETTING DATE FOR PUBLIC HEARING ON SPECIAL USE PERMIT FOR POTTERY MAN- UFACTURING AND SALES -Part of Lots 6, 14 to 18, incl. and all of lots 7 to l1 incl. , Block 1, Shirley Hills Unit A -May 10, 1977 at 8:00 P. M. The vote was unanimously in favor Item 6 Briarwood Part of Lots 3 to 18, incl. , Block 8, Avalon Request use of trailer for storage Lovaasen moved and Swenson seconded. a motion to table this matter. The vote was unanimously in favor, so carried. Item 7 Homesteaders Lots 1, 2, 15 - 17, Block 13, Whipple Subdivision of land. Mr. Sycks was present Swenson moved and Withhart seconded a motion RESOLUTION 77-159 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION AND WAIVE THE REQUIREMENTS OF CHAPTER 22 AND DIVIDE LOTS 1, 2,15 - 17, Block 13 Whipple INTO TWO BUILDING SITES The vote was unanimously in favor Items 8 a.nd 9 were tabled without any formal action SIGN ORDINANCE Lovaasen moved a.nd Fenstad seconded a motion to ordain the following ordinance ORDINANCE 359 AN ORDItdAPiCE AA4;NDING SECTION 55.38 RELATING TO SIGPJ SIZE The City of Mound does ordain: Section 55.38 is amended to read as fallo~asa Section 55.38• Signs• No person, firm or corporation shall erect, maintain, or cause to be erected or maintained any sign or other structure for advertising or other purposes across or upon any s#reet, alley, thoroughfare or sidewalk unless the same is 20 feet or more above such sidewalk, thoroughfare or street and does not stand mofeet than 8 feet out from the building. No sign larger than four (4) in one of its dimensions and no larger than nine (g~ square feet in area shall be constructed without a written permit from the Gity Council first having been secured. Before granting any permission required by this subdivision, the City Council may impose such condi- tions and requirements regarding the erection and maintenance of such sign as it deems necessary and may require a bond from the person, firm or corporation to whom permission is granted. 72 (~ The vote was Withhart nay and all others aye- so ordained COUNTY 44 WATER The attorney asked that this matter be held over for two weeks because of a.n appeal, Lyle Swanson was present from McCombs and Knutson and Associates. TUXEDO ROAD Lyle Swa.nso.n outlined the project a.nd projected the State Approved P1a.n (Plan #2) on the screen. Joel Reintz was present and said he was not in favor of this plan and would not sign any easements for this plan. Lovaasen moved a.nd Swenson seconded a motion BE IT MOVED, by the City Council of the City of Mound that the State approved plan (Plan #2) be accepted.. The vote was Lovaasen and Swenson -aye Polston, Withhart and Fenstad. -nay Motion failed Withhart moved and Fenstad seconded a motion RESOLUTION 77-160 RESOLUTION APPROVING PLAN #1, FOR THE ALIGNMENT OF TUXEDO BLVD. STREET IMPROVE- MENT (Plan .not approved by the State at this time) The vote was Lovaasen and Swenson - .nay Po.lsto.n, Withhart and Fenstad -aye COVER THE CLOCK Fenstad moved a.nd Polston seconded a motion to waive the requirements of Resolution 77-16 and continue the meeting. The vote was unanimously in favor. BEACHSIDE DEVELOPERS -Representatives were present and ask permission to put in the road to this property Polston moved a.nd Withhart seconded a motion BE IT MOVED, by the City Council of the City of Mound that no action be taken on any part of this project until the mortarium is lifted. The vote was unanimously i.n favor COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT - no answer to the call LICENSES AND PERMITS Fenstad moved and Swenson seconded a motion RESOLUTION 77-161 RESOLUTION GRANTING LICENSES TO SELL CIGARETTES IN 1977 TO: APCO Station; AND GRANTING A GARBAGE AND REFUSE COLLECTORS LICENSE TO: Mike's Sanitation Co, for 1977 The vote was unanimously in favor DINNER DANCE PERMIT Fenstad moved. and Polston seconded a motion RESOLUTION 77-162 RESOLUTION GRANTING A DINNER DANCE PERMIT TO BRAIRWOOD RESTAURANT INC, FROM APRIL 12, 1977 to MAY 12, 1977 The vote was unanimously i.n favor 73 AMENDMENT TO SECTION 61 OF THE MOUND CODE OF ORDINANCES Swenson moved and Withhart seconded a motion to ordain the following ordinance ORRDINANCE N0. 360 AN ORDINANCE AMENDING SECTION'S 60.51 AN'D 61.45 OF T:qE CITY CODE PROVIDING FOR NOTICE BX CERTIFIED ~'IAIL THE CITY OF P10Wi D DOES ORDAIN: Section 60.51 of the City Code is amended to read as follows SECTION 60.51. Notice of Nuisance. 'When any public nuisance is found to exist, the City Health Officer shall in writing order the person liable for the same to remove the public nuisance, at his expense, within a time not to exceed ten days, the exact time to be specified in the notice. This notice shall be served by the sheriff, marshall or other peace officer by delivering a copy thereof to the owner, occupant or agent of the offending property. If the property is un- occupied and the owner of the property is unknown or absent, with no known representative or agent in the City upon whom notice can be served, then the sheriff, marshall or other peace officer shall post a written or printed notice upon the property or premises, setting forth that unless the public nuisance is abated or removed within ten days, the sheriff, marshall or other peace officer, will abate or remove, or cause to be abated or removed, at the expense of the owner, the public nuisance. The City Manager shall send by certified mail a copy of the posted notice to the last known address of the record owner of such property. Section 61.45 of the City Code is amended to read as follows: SECTION 61.45. Service of Notice. Service of notice provided for in Section 61.35 of this code, shall be by personal service, if the owner of the lot or parcel of land on which an .infected elm tree or oak tree, as aforesaid, is located, is a resident of the City. If such owner cannot be found in the City of Mound, or is a non-resident of said City, written notice shall be served by certified mail, addressed to said owner at his last known address. If the owner cannot be found, a copy of said notice shall be posted upon said infected tree. If the infected trey is not removed or treated within 10 days from the date of service or from the date of mailing notice by certified mail or after posting as required by the notice, the Manager or the Tree Inspector or their representatives shall remove or treat the tree. The vote was unanimously in favorl:Lso carried and ordained APPOINTMENT TO WEST HENNEPIN HUMAN SERVICES COMMISSION Withhart moved and Swenson seconded a motion RESOLUTION 77-163 RESOLUTION APPOINTING CHARLES R. PETERSON TO THE WEST HENNEPIN HUMAN SERVICES COMMISSION TO FILL THE UNEXPIRED TERM OF MRS. KENNETH STRICKLEN, TO JANUARY 1, 1978. The vote was unanimously in favor NOTE; Tim Lovaasen will attend the Spring Hill meeting DELINQUENT WATER BILL HEARING Swenson moved and Withhart seconded a motion 74 RESOLUTION 77-164 RESOLUTION ORDERING A PUBLIC HEARING ON . DELINQUENT. UTILITY BILLS TO BE HELD APRIL 26, 1977 at 8:00 P. M. The vote was unanimously in favor BIDS ON LAWN AND GARDEN TRACTOR Withhart moved and Swenson seconded a motion RESOLUTION 77-165 RESOLUTION ACCEPTING THE BIDS ~O?~T LAWN AND GARDEN TRACTORS AND AWARDING THE CONTRACT TO LONG LAKE FORD TRACTOR FOR $2, 464.00 The vote was unanimously in favor TRANSFER OF FUNDS Polston moved a.nd Swenson seconded a motion RESOLUTION 77-166 RESOLUTION AUTHORIZING THE TRANSFER OF CERTAIN CITY FUNDS The vote was unanimously in favor BILLS A list of bills totaling $106, 303.33 were presented for consideration. Withhart moved and Polston seconded a motion to pay these bills where funds are available. The roll call vote was unanimously in favor, so carried.. Swenson moved and Withhart seconded a motion to adjourn until the adjourned meeting of April 19, 1977 at 8:00 P. M, at the Mound Council Chambers. The vote was unanimously in favor, so carried and adjourned. Attes . Le nard L. Kopp, Cit a ager - --